THE RIGHT TO FREEDOM IN RELATIONSHIP A CONFLICT BETWEEN THE DATING AGREEMENT AND STAND-BY UNION IN BRAZIL

Abstract

With the advent of the Brazilian Federal Constitution of 1988, the stable union was established as a family entity, characterized by a de facto situation arising from a public, continuous and lasting union. In 2018, through Extraordinary Appeal no. 878,694, the Federal Supreme Court equated the property and inheritance effects of marriage to a stable union, raising the partner to the condition of heir necessary for all purposes. With the evolution of dating over the years, which allowed cohabitation and publicity, but without the desire to start a family, a very fine line was created between relationships, causing legal uncertainty in love relationships that became the object of a contract as way to avoid property risks. These contracts are not yet accepted by the national doctrine because they are not able to remove the imperative force of the law, causing conflicts between the couple's freedom and their express expression, as it is intended to analyze in this article to conclude for its viability, respecting some circumstances.